Farmer v. Willis-Knighton Medical Center

109 So. 3d 15, 2012 La. App. LEXIS 1462, 2012 WL 5499991
CourtLouisiana Court of Appeal
DecidedNovember 14, 2012
DocketNo. 47,530-CA
StatusPublished
Cited by4 cases

This text of 109 So. 3d 15 (Farmer v. Willis-Knighton Medical Center) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farmer v. Willis-Knighton Medical Center, 109 So. 3d 15, 2012 La. App. LEXIS 1462, 2012 WL 5499991 (La. Ct. App. 2012).

Opinions

SEXTON, Judge Pro Tem.

In this medical malpractice case, the jury found that Defendant, Willis-Knigh-ton Medical Center (“WK”), breached the standard of care in its treatment of Virginia Martin and awarded survival damages of $250,000, but no wrongful death damages or funeral expenses, following Ms. Martin’s death. WK appeals and Inter-vener, the Louisiana Patient’s Compensation Fund Oversight Board, joins in the appeal with WK. Plaintiffs, Ms. Martin’s 13 adult children, seek an affirmance of the award of survival damages and request damages for wrongful death and funeral expenses. For the reasons stated herein, we affirm the jury’s verdict on liability and award of survival damages. We amend the judgment to award $60,000 to each of [19]*19Ms. Martin’s children for the wrongful death of their mother and $6,833.72 for funeral expenses.

FACTS AND TESTIMONY

The 13 adult children1 of Virginia Martin brought this medical malpractice action against WK for the treatment, and resulting death, of Ms. Martin in the emergency room of WK North on February 12, 2001. The critical factual issue concerns whether or not undiluted potassium (KCL) was administered IV push by Registered Nurse Debra Hansen2 to Ms. Martin; causing acute cardiac arrhythmia and death.

Ms. Martin presented to the WK emergency room shortly before 7:00 p.m.3 with complaints of abdominal pain, epigastric pain, vomiting and diarrhea. Her daughter, Betty Farmer, and Ms. Farmer’s boyfriend, Dr. Thomas Johnson,4 were present in the treating room while Ms. Martin was treated in the ER. Ms. Martin was 69 years old and, by all accounts, was in good health prior to the ER visit. The record establishes that Ms. Martin had undergone a previous knee surgery and had been treated in November of the previous year for bronchitis and related muscle tenderness. She had no history of heart problems or complaints and the record contains no evidence of any other serious health-related issues.

The ER physician treating Ms. Martin was Dr. John Reeves. Dr. Reeves’ impression of Ms. Martin was that she was suffering from a simple gastroenteritis. Dr. Reeves ordered lab studies and a chest x-ray. The x-ray was done with a portable machine in the treatment room and the results were normal. An IV was started in Ms. Martin’s left arm and she received Toradol for pain and Phenergan for nausea shortly after 7:00 p.m. Initially, she responded well to the treatment. Ms. Martin’s blood pressure dipped, so Dr. Reeves ordered IV fluids (normal saline) for dehydration.

After confirming via Mini-hycel blood work that her creatinine level was normal, Dr. Reeves ordered a CT scan, with contrast,5 of her abdomen to rule out an aortic aneurysm. According to the medical records, Ms. Martin left the ER treatment room for CT at 9 p.m. The CT scan was completed and the results indicated no aortic aneurysm and no other abnormalities of the abdomen that could have been the cause of Ms. Martin’s gastric distress.

While Ms. Martin was in the CT scan, the remaining lab results were reported to the ER department revealing that her po[20]*20tassium level was low (2.9).6 The CBC indicated that Ms. Martin’s white blood cell count was slightly low, which, according to Dr. Reeves’ testimony, meant that she had a mild virus.

Nurse Hansen’s notes indicate that Ms. Martin returned from the CT scan to the ER treatment room at 9:35 p.m. At 9:40 p.m., Dr. Reeves visited Ms. Martin and ordered Demerol for pain and Phenergan for nausea, both to be administered IV push. Also at 9:40 p.m., Nurse Hansen’s notes indicate that Ms. Martin’s “IV infiltrated” and the cardiac monitor and oxygen were reapplied. The next entry, at 9:44 p.m., states that Ms. Martin’s face was mottled, she had a decrease in consciousness and Dr. Reeves was summoned. Nurse Hansen charted that, at 9:47 p.m., a Code was called and resuscitative efforts were started and attempted for 30 minutes, but failed. The only notation in the nurses notes on the ER chart regarding the administration of potassium to Ms. Martin is under the “Medications and IV s” section of the chart where Nurse Hansen wrote that Ms. Martin received 40 meq of KCL in 1000 units of saline (diluted potassium) at the rate of 150cc/hr “(sent from pharm[acy])” at 9:45 p.m.

Dr. Reeves’ dictation documents the events of Ms. Martin’s death as follows:

40 mEq of KCL was added to the patient’s bag of normal saline. Nurse had drawn up a small dose of Demerol and Phenergan to give her TV to help assist in her abdominal pain when she had a sudden drop in blood pressure, became apneic and heart rate markedly slowed, then became asystolic. I was in the ER when this occurred and several nurses were present when I was called to the room. Patient was intubated and resus-citative procedures begun.... Patient went from normal sinus rhythm before her arrest to bradycardia and asystole and finally developed a prolonged stage of PEA. (Emphasis added.)

Dr. Reeves continued in his dictation by noting the normal chest x-ray, the unremarkable abdominal films for obstruction and clear lungs and breathing indicating no pneumothorax. Dr. Reeves testified at trial that, during her initial treatment, he had ruled out all of the more serious potential causes of Ms. Martin’s symptoms. He further opined that, prior to the unexplained cardiac arrest, he believed Ms. Martin was responding to treatment, was stable and was going to be released the following day.

Ms. Martin’s cause of death was listed as a) acute cardiac arrhythmia, b) arterio-sclerotic heart disease. Dr. Reeves ordered an autopsy, due to the “unknown reason for the cardiac arrest,” but the coroner would not perform an autopsy because the body had not been stored properly.

As previously stated, the events surrounding Ms. Martin’s unforeseen death are the center of this dispute. Ms. Farmer and Dr. Johnson were in the ER treatment room and each testified to a similar version of events. Ms. Farmer testified that, when her mother returned from CT, Nurse Hansen entered the room and stated, “here is what your mother needs ... potassium.” Nurse Hansen was holding three syringes of equal size. She administered the medications directly into Ms. Martin’s IV port and Ms. Martin began screaming that her arm was burning and went into seizure-like convulsions. Ms. Martin began foaming at the mouth. Ms. Farmer testified that she was screaming at the nurse to help her mother, but Nurse Hansen was more concerned with the IV [21]*21site. Ms. Farmer described the events in her testimony:

When my mom’s face started getting red and frothing out of the mouth and I was wiping her face, she was-I was telling [Nurse Hansen] I needed help because my mom wasn’t breathing. And she stayed at the bottom of the seat. She wouldn’t get up and come help me. She was too busy trying to get the IV out of her arm and put it in the other arm.
And I asked her what she was doing and she said “I’m changing her IV. I said, well, my mom needs help, she’s not breathing. And she stayed down there. She never got up. She stayed down there and was putting the IV in the other arm. And I had to tell [Dr. Johnson] to go get Dr. Reeves to come in the room to help and he ran in there[ — ]

At that point, Ms. Martin coded and Ms. Farmer and Dr. Johnson were forced to leave the treatment room.

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Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 15, 2012 La. App. LEXIS 1462, 2012 WL 5499991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-willis-knighton-medical-center-lactapp-2012.